Law

Bombay HC Seeks NIA Reply on Varavara Rao’s Plea to Shift Permanently to Hyderabad

In February 2021, the Bombay High Court granted him medical bail for six months and directed that he remain within the jurisdiction of the NIA special court in Mumbai.

Bombay HC Seeks NIA Reply on Varavara Rao’s Plea to Shift Permanently to Hyderabad

Poet-activist Varavara Rao. Photo: X/@IJaising

A fresh legal effort by poet-activist Varavara Rao to relocate permanently to Hyderabad has prompted the Bombay High Court to seek a response from the National Investigation Agency (NIA), as the Elgaar Parishad accused cited mounting financial difficulties and age-related challenges in continuing to reside in Mumbai.

Hearing Rao’s appeal against a March order of the special NIA court rejecting his request, a division bench of Justices Ajey S Gadkari and Kamal R Khata issued notice to the agency and directed it to file its reply within two weeks. The trial in the case is yet to commence.

Rao moved the high court through advocate R Sathyanarayanan, contending that shifting to his native Hyderabad would ease his financial burden and allow him to live in his own residence using his pension income.

“He will not have to spend a large amount on rent, not to mention the significant difference in the general cost of living in Hyderabad as against Mumbai,” the plea stated.

The appeal further pointed out that “he has to resort to borrowings from his children” for staying in Mumbai, and “it affects his dignity and self-independence in financial matters besides being an added burden on the children”.

Challenging the reasoning adopted by the special court, Rao argued that its conclusion that it lacked the authority to permit a permanent move outside Mumbai ran contrary to the Supreme Court’s August 8, 2022 directions, which required him to obtain the special court’s approval before leaving Greater Mumbai.

“To conclude that the relief granted to the appellant must be temporary of sort as observed by the learned Special judge is totally erroneous,” the appeal further stated and sought the setting aside of the special court’s order.

The octogenarian Telugu poet and activist, who was arrested in August 2018 in connection with the Elgaar Parishad case, is seeking relaxation of his bail conditions.

In February 2021, the Bombay High Court granted him medical bail for six months and directed that he remain within the jurisdiction of the NIA special court in Mumbai.

Although the relief was extended periodically, the high court in April 2022 declined to grant him permanent bail and asked him to surrender after three months.

However, in August that year, the Supreme Court granted him permanent bail on medical grounds after noting that he had spent more than two years in custody as an undertrial. The apex court removed the surrender requirement but stipulated that he could not leave Greater Mumbai without prior permission from the special court.

Rao had earlier secured permission from the high court in October 2023 to travel to Hyderabad for a week to undergo cataract surgery. After the special court rejected his latest plea on March 16, he once again approached the Bombay High Court seeking permission to spend the remainder of his time in his hometown.

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